26 May 2026 · 5 min read
The short version
A Declaration of Trust is a legal document that sets out who owns what share of a property. It is used when two or more people buy a home together and want to record exactly how the ownership is split, especially when they are contributing different amounts.
If you are an unmarried couple buying together in England or Wales, a Declaration of Trust is one of the most important documents you will sign. Without one, the law assumes you own the property in equal shares, regardless of who actually paid what.
Who needs one?
Married couples have legal protections built into family law that kick in if the relationship ends. Unmarried couples, including those who have lived together for decades, do not. The law treats you as two separate individuals with no automatic right to the other person's assets.
If any of the following apply to you, a Declaration of Trust is strongly recommended:
- You are putting in different deposit amounts.
- One of you earns significantly more than the other.
- One of you is paying a larger share of the mortgage.
- Family members have contributed to the deposit.
- You want to protect a larger investment if things go wrong.
What does it actually say?
Every Declaration of Trust is different, but most cover the following:
- Initial contributions. Who put in what towards the deposit and purchase costs.
- Ongoing contributions. How mortgage payments, overpayments, and home improvements affect each person's share over time.
- What happens at sale. How the proceeds are divided if the property is sold, and the process for triggering a sale if one person wants out.
- Dispute resolution. What happens if you disagree about something.
How much does it cost?
A solicitor-drafted Declaration of Trust typically costs between £300 and £600 in the UK, though complex arrangements can be more. Many conveyancing solicitors offer it as an add-on when you are buying the property. It is significantly cheaper than arguing about ownership in court later, which can easily cost £10,000 or more.
What it does not do
A Declaration of Trust does not replace a will. It deals with the property while you are both alive. If one of you dies, the property passes according to the ownership structure (joint tenants or tenants in common) and your respective wills. If you hold as tenants in common, which is the usual arrangement with a Declaration of Trust, your share goes to whoever you have named in your will, not automatically to your partner.
It also does not track contributions for you. The document sets out the rules; you still need to keep a record of who actually paid what over time. That is where a tool like TrustBadger comes in.
The bottom line
If you are buying a property with someone you are not married to, get a Declaration of Trust. It costs a few hundred pounds and protects potentially hundreds of thousands. Then keep a proper record of your contributions so the document has teeth if you ever need it.
TrustBadger keeps a timestamped, solicitor-ready record of every contribution you and your co-owner make to your shared home. 14-day free trial, no card needed. Start your trial.
